Wage and Hour Law

Wage and Hour Law: Getting Paid What You're Owed

Wage and hour law governs some of the most basic questions in employment: whether you’re entitled to overtime, what the minimum wage actually is where you work, whether your tips are being handled legally, and whether you’ve been correctly classified as an employee in the first place. These questions are governed by a layered mix of federal, DC, and Maryland law, and getting the details right matters — the differences between jurisdictions here are significant and often surprising. This page gives an overview of the major topics. Each links to a dedicated page with a deeper look at that specific issue.

Federal Law: The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is the baseline federal wage and hour law, and it starts with one of the most consequential questions in this entire area: whether you’re “exempt” or “non-exempt” from overtime protection. That determination turns on three things — how you’re paid (the salary basis test), how much you’re paid (the salary level test), and what you actually do in your job (the duties test) — and getting any one of them wrong can mean an employer owes years of unpaid overtime.

The federal minimum wage has remained $7.25 per hour since 2009 — which, as discussed further below, means it now lags far behind both DC’s and Maryland’s minimum wage requirements. The FLSA also governs the tip credit (allowing employers to pay tipped employees a lower direct wage if tips make up the difference) and imposes specific recordkeeping requirements on employers.
Learn more about federal wage and hour law

DC: The Highest Minimum Wage in the Country

DC’s minimum wage is $18.40 per hour as of July 2026 — the highest in the nation, adjusted annually for inflation. DC’s overtime rules generally mirror the FLSA, but DC has its own distinct rules for tipped employees, its own Paid Family Leave program, its own accrued paid sick leave law, and its own wage nonpayment enforcement mechanism, which includes real teeth for workers who aren’t paid what they’re owed. Learn more about DC wage and hour law

Maryland: A Minimum Wage That Depends on Where You Work

Maryland’s wage and hour law has a layer of complexity DC’s doesn’t: your minimum wage can depend on which county you work in, not just the statewide rate. Montgomery, Howard, and Prince George’s Counties have each adopted their own local minimum wage rates higher than the state floor — and in some cases, the applicable rate even depends on the size of your specific employer. Maryland’s overtime rules generally follow the FLSA, but the state has its own rules on tipped employees, youth wages, meal and rest breaks, and accrued sick leave. Learn more about Maryland wage and hour law

Independent Contractor Misclassification: What's Actually at Stake

Being classified as an independent contractor instead of an employee isn’t just a label — it determines whether you’re entitled to minimum wage and overtime, unemployment insurance, workers’ compensation, and the protection of most anti-discrimination statutes, along with whether your employer withholds payroll taxes on your behalf. Misclassification, whether intentional or not, can deprive workers of all of these protections at once.

Both the U.S. Department of Labor and the IRS enforce worker classification rules, though they don’t always use the exact same test, and the federal test itself has been in genuine flux in recent years — worth understanding in more detail given how much is currently unsettled. Some states also apply a stricter “ABC test” that makes it harder to classify a worker as an independent contractor than the federal standard does. Learn more about employee misclassification

Why Wage and Hour Law Is Different From Most Employment Claims

A few features make this area of law distinct from the discrimination and whistleblower topics covered elsewhere on this site:

No intent requirement. Unlike most discrimination claims, a wage and hour violation generally doesn’t require showing your employer intended to underpay you or acted with any particular state of mind — if you weren’t paid what the law requires, that’s generally enough on its own.
The federal minimum wage has been left behind. At $7.25 per hour since 2009, the federal minimum wage is now dramatically lower than what DC or Maryland actually requires — meaning for most workers in this area, state and local law, not federal law, sets the real floor.
Tip theft is its own enforcement issue. Beyond the tip credit rules themselves, employers unlawfully keeping or redistributing tips is a distinct and actively enforced violation in both DC and Maryland.
“Stay or pay” agreements are a genuinely new and unsettled issue. A growing number of employers are using training repayment agreements — requiring an employee to repay training or tuition costs if they leave within a set period — as an alternative to non-compete clauses. These agreements are drawing serious scrutiny from regulators and increasing state legislation, since they can function as a hidden wage deduction or an unlawful penalty if not carefully structured.
Even “what counts as a wage” isn’t always obvious. Bonuses, commissions, accrued but unused leave, and other forms of compensation don’t always fall neatly under wage and hour law’s protections — what actually qualifies as a “wage” for these purposes can meaningfully affect what you’re entitled to recover.

Frequently Asked Questions

What’s the difference between exempt and non-exempt employees?

Non-exempt employees must be paid overtime for hours worked beyond 40 in a workweek; exempt employees are not, regardless of how many hours they actually work. Qualifying as exempt generally requires meeting three separate tests — salary basis, salary level, and job duties — not just having an impressive job title. See our federal wage and hour page for the full breakdown.

Can my employer require overtime without paying me for it?

Your employer can generally require you to work overtime hours, but if you’re a non-exempt employee, they must pay you time-and-a-half for those hours. Refusing to pay legally owed overtime is a violation regardless of whether the extra hours were mandatory.

What if I think I’ve been misclassified as an independent contractor? Misclassification can cost you access to minimum wage, overtime, unemployment insurance, and workers’ compensation, among other protections. See our Independent Contractor Misclassification page for how the current federal test works, and why Maryland’s own ABC test can lead to a different answer than the federal standard for the same job.

Does DC or Maryland have a higher minimum wage than the federal rate?

Yes, significantly. The federal minimum wage has been $7.25 per hour since 2009. DC’s minimum wage is $18.40 per hour as of July 2026, the highest in the nation. Maryland’s varies by county, but the statewide floor is $15.00 per hour, with several counties set higher.

Related Practice Areas

Your situation may also involve one of these related areas of employment law:

Talk to a Wage and Hour Attorney

Whether you believe you’ve been misclassified, denied overtime you’re entitled to, shorted on your paycheck, or asked to sign a repayment agreement that doesn’t sit right, Wilkenfeld Law Office can help you understand what the law actually requires.

Or call 301.245.3035 · Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.

Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.